M-12.1, r. 1 - Regulation respecting culler’s licences

Updated to 1 September 2012

This document has official status.

chapter M-12.1, r. 1

Regulation respecting culler’s licences

Cullers Act

(chapter M-12.1, s. 30).

The fees prescribed in the Regulation have been indexed as of 1 January 2012 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 4 February 2012, page 190. (ss. 5, 7, 8, 9)

1. A person who wishes to obtain a culler’s licence must satisfy the following conditions:

(1)  he must hold Canadian citizenship or have the status of a permanent resident in Canada;

(2)  he must have a knowledge of French appropriate to performing the duties of a culler.

O.C. 1588-85, s. 1.

2. That person must also hold one of the following diplomas, certificates or attestations of studies:

(1)  a Secondary School Vocational Diploma in forest management;

(2)  a Diploma, a Certificate or an Attestation of College Studies in forest management, forest operations or the processing of forest products;

(3)  an Attestation of Studies issued by Université Laval upon completion of the first 3 sessions comprising the compulsory courses in the programs in forest resource management or forest management and environnement, forest operations, wood sciences and technology or wood sciences;

(4)  a diploma, a certificate or an attestation of studies equivalent to any of those mentioned in subparagraph 1, 2 or 3 awarded by an educational institution located outside Québec.

A person who holds a diploma, certificate or attestation of studies referred to in subparagraph 4 of the first paragraph must also complete his training by taking a course of at least 90 hours on the scaling methods for timber harvested in forests in the domain of the State given in an educational institution located in Québec.

O.C. 1588-85, s. 2; O.C. 792-92, s. 1; O.C. 422-2000, s. 1.

3. A person who wishes to obtain a culler’s licence must apply therefor in writing to the Minister, using the form made available for that purpose by the Minister not later than 5 years following the date on which that person passed the Minister’s examinations in order to obtain the licence.

O.C. 1588-85, s. 3; O.C. 422-2000, s. 2.

4. The following documents and the duties prescribed in section 5 must be enclosed with an application for a licence:

(1)  a copy of the applicant’s act of birth or birth certificate, if he was born in Canada;

(2)  a copy of the applicant’s certificate of Canadian citizenship or landing record attesting to his status as a permanent resident, if he was born outside Canada;

(3)  a copy of the diploma, certificate or attestation of studies, required in the first paragraph of section 2, or a certificate attesting that the applicant has obtained that diploma, certificate or attestation of studies from the educational institution that has awarded it;

(4)  where the applicant holds a diploma, certificate or attestation of studies referred to in subparagraph 4 of the first paragraph of section 2, a document issued by an educational institution located in Québec attesting that the applicant took the course required in the second paragraph of that section;

(5)  a photograph of the applicant taken not more than 1 year prior to the application, measuring approximately 25 mm by 25 mm and signed on the back by the applicant.

The application for a licence must be supported by an affidavit attesting that the facts and information provided in the application and in the documents enclosed with it are true.

O.C. 1588-85, s. 4; O.C. 422-2000, s. 2.

5. The duties payable for the issue of a licence are $41.50.

O.C. 1588-85, s. 5; O.C. 792-92, s. 2; O.C. 422-2000, s. 3.

6. Cullers’ licences issued by the Minister to persons who meet the conditions set out in this Regulation and who are considered to be capable of performing culler’s duties shall be drawn up according to Schedule I.

O.C. 1588-85, s. 6; O.C. 422-2000, s. 4.

7. An identity card drawn up according to Schedule II shall be provided by the Minister to a licence holder at the time of issue of the licence.

A licence holder must, before the expiry date on his identity card, submit a written application to the Minister for a new identity card, using the form made available for that purpose by the Minister. The application must enclose duties in the amount of $20.80 and a photograph of the licence holder taken no more than 1 year prior to the application, measuring approximately 25 mm by 25 mm and signed on the back by the applicant.

The expiry date may not be less than 5 years after the date of issue of the identity card.

O.C. 1588-85, s. 7; O.C. 422-2000, s. 4.

8. The duties payable by a person who sits for the Minister’s examinations in order to obtain a culler’s licence are $31.25.

The duties payable by a person who sits for the Minister’s examinations that verify the competence of holders of culler’s licences are $31.25.

O.C. 1588-85, s. 8; O.C. 792-92, s. 3; O.C. 422-2000, s. 4; .

9. A holder of a licence may obtain a duplicate of the licence or the identity card; the duties payable in such case are $26.

O.C. 1588-85, s. 9; O.C. 792-92, s. 4; O.C. 422-2000, s. 5.

9.1. The duties provided for in this Regulation that are equal to or greater than $35 shall be indexed on 1 April of each year according to the increase in the general Consumer Price Index for Canada, for the preceding year. That increase shall be computed from the ratio of the index for the preceding year over the index for the year preceding the latter. The index for 1 year shall be the average of the monthly indexes published by Statistics Canada.

The duties provided for in this Regulation that are lower than $35 shall be indexed on 1 April every 5 years according to the increase in the general Consumer Price Index for Canada, for the last 5 years. That increase shall be computed from the ratio of the index for the preceding year over the index for the 5th year preceding the latter. The index for 1 year shall be the average of the monthly indexes published by Statistics Canada.

The duties indexed in the prescribed manner shall be reduced to the nearest dollar where they contain a fraction of a dollar less than $0.50; they shall be increased to the nearest dollar where they contain a fraction of a dollar equal to or greater than $0.50.

The Minister of Natural Resources and Wildlife shall publish the result of the indexing in Part 1 of the Gazette officielle du Québec. In addition, he may ensure a wider circulation by any other means.

O.C. 792-92, s. 5; O.C. 422-2000, s. 6.

10. (Omitted).

O.C. 1588-85, s. 10.

11. (Omitted).

O.C. 1588-85, s. 11.

SCHEDULE I

(s. 6)

 _________________________________________________________________________________
|                                                                                 |
|                                 CULLER’S LICENCE                                |
|                                                                                 |
|   The Minister of Natural Resources and Wildlife issues this licence to         |
|                                                                                 |
| This is to certify that the abovementioned person meets all the conditions set  |
| out in the Cullers Act (chapter M-12.1) and the regulations under the Act to |
| obtain this licence and that the person is considered to be capable of          |
| performing the duties of a culler in Québec.                                    |
|                                                                                 |
| Issued at                                                                       |
| On                                   Minister of Natural Resources and Wildlife |
|_________________________________________________________________________________|

O.C. 1588-85, Form I; O.C. 792-92, s. 6; O.C. 422-2000, s. 7.

SCHEDULE II

(s. 7)

IDENTITY CARD

					
is a culler within the meaning of the Cullers Act.
(chapter M-12.1)
		
Minister of Natural Resources and Wildlife


WARNING
1-	This card certifies that the person named on the front holds a culler’s licence and that he is authorized to act in Québec in that capacity.
2-	The person named on the front must, in the performance of his duties as a culler, have this identity card in his possession and show it upon request in accordance with section 5 of the Cullers Act.
3	-That person must notify the Minister of Natural Resources and Wildlife of any change in address and ensure that an application for a new identity card has been submitted to the Minister before the expiry date on this card.

O.C. 1588-85, Form II; O.C. 422-2000, s. 7.

SCHEDULE III

(Replaced).

O.C. 1588-85, Form III; O.C. 792-92, s. 6; O.C. 422-2000, s. 7.

REFERENCES

O.C. 1588-85, 1985 G.O. 2, 3737

O.C. 792-92, 1992 G.O. 2, 2857

S.Q. 1997, c. 83, s. 55

O.C. 422-2000, 2000 G.O. 2, 1807